The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1887-09-15

OOuAO OAAAO NNAAHNASN NAAA
in the anarchist case, affirming the
Judgment OF the court below. The
execution is to take place November
IL, between and o'clock.
SOMETHING HAPPENED.
CHICAGO, Sept. IA News special
from Ottawa, ILL.,, says: at $50 a. m.
Justice Magruder began the announce
ment of the decision in the anarchist
case. Just before the opening of
court every one seemed to have feel
ing that something was going to hap
pen. Before the hour for converting
of court, lawyers and reporters seemed
to have that feeling and conversed
with each other in subdued tones.
Even Barker, the janitor, who has
gazed upon every justice of the SUI
preme court that has sat upon the
bench in Ottawa, tiptoed around in
opening and busting the court room, as
if he was afraid of breaking the
deathly stiffness that pervaded the en-
tire building.
Deputy Smith faltered and his voice
trrembled as he pronounced Here
ye," and as the justices filed in the
court room, headed by Chief Justice
Sheldon, they appeared more dignited
than ever. The chief justice waived
his associates to their seats, even more
stately than is his usual wont.
His nod to the sheriff was
more stiff and his ''open COURT
less audible than on previous days of
the term. Justice Magruder appeared
flushed and nervous as he entered the
court room, the cause of which was
evinced, and a few moments later
when Chief Justice Sheldon turned to
him and, in q voice which would have
been inaudible save for the deathly
stiffness which pervaded the room,
said: Justice Magruder, have you any
announcement to maker"
The flushed appearance of the justice
changed to that of pallor, and his voice
was husky as he responded: In the case
of August Spies and others against
the state of Illinois. No SO, advise
ment docket.
The chief justice nervously turned
the leaves of the court docket to the
case and Indictment, when the justice
read the decision of the court in the
anarchist case. AS he commenced
reading he regained his compOSure.
His voice was clear and distinct until
the order fixing the death penaltS and
date of execution was reached, when
his reading became labOTed, his voice
husky and his manner showed that 1t
was with the greatest emotion that he
performed the duty he had been dele
gated by his associates TO perform.
Having read the decision of the court
in the most celebrated case it has ever
been called upon to decide, the justice,
when he had made the announcement,
left the bench and retired to his room.
The opinion by Magruder in this case
is that the Judgment :of the conrt be-
low is affirmed as to all and as to each
and every one of the defendants. An
opinion has been prepared setting forth
the reasons of the affirmation of the
judgement. The opinion is now hand
ed to the clerk to be filed.
AN ABLE EXPOSITION.
OTTAWA, ILL.,, Sept. 14.-The opinion
in the anarchist case was written by
Judge Magruder of the Chicago dis
trict, and is an able exposition of the
law and a previous Interpretation
thereof by eminent jurists in this
country as well as the courts bearing
upon the alleged and real errors in this
record. In his work he was ably helped
by each of the other six distinguished
judges who made him their spokesman
and through him expressed their unan-
imous decision. The opinion covers
Dds pages of closely written manu-
script and contains about Sc, 600 words.
Judge Sheldon announced that he
concuTred in the opinion.
Sheldon-In this case the court Or
ders that the sentence of the superior
court of Cook county against August
Spies, Samuel Fielden, r. Parsons,
AdOlph Fischer. Engel and Louis Ling
be carried into effect by the sheriff of
Cook county on the 18th day of NOvem-
Der next, on Friday between the hours
of 10 O'Clock in the forenoon and
O'Clock in the afternoon of that day.
The Judgement of the court was unan-
imous.
This is the announcement of Judge
Mulkey: 1t is not my intention to Of
fer separate opinion. as l should have
done. desire to avail myself of this
occasion to say that while concur in
the conclusions reached, and also in the
general views as entered in the opinion
| filed, 1 do not wish to be understood as
holding that the record is free from
error, for / do not think it is. am
nevertheless of the opinion that none
of the errors complained of are of such
a serious character as to require re-
versal of the judgment. In view OF
the number of defendants on trial, the
great length of time consumed in the
trial, the vast amount of testimony
1 OhC1CO anu ktfAocCo N1POA Oy SAA<
court, and the almost number
less rulings the court was required
| to make the wonderment to me is that
errors were not more numerous and OF
a more serious character than they are
In short, after having fully examined
the record and giving the questions
arising on it my very best thought
with an earnest and conscientious de
cree to faithfully discharge my whole
duty, / am fully satisfied that the opin
ion reached vindicates the law and
does complete justice between the
people of the state and the defendants
fully warranted by the law and thu
evidence.
/ OFFICIAL INFORMATION.
CHICAGO, Sept. 1.-THE first officia
information that reached this city wa.
telegram from the clerk of the cour
at Ottawa to the state attorney
office here, saying that the anarchis
cases were confirmed and the execu
ton was to take place November 18th
Mr.. Purcell, of the state attorney
office, ran at once to the Jail with tn
dispatch. On his heels wat a meSsen
ger carrying a telegram for Angus
Spies that had been sent by an agen
of the anarchists.
Boats Collide.
d TORONTO, Ont, Sept. 14.-A ferry
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